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(영문) 수원지방법원 성남지원 2019.09.18 2019고단928
공무집행방해
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 27, 2019, the Defendant: (a) around 08:10 on October 27, 2019, at the Defendant’s house located in (B) and (c) the Defendant’s home search and seizure of the Defendant’s home, and (b) the Defendant’s revenue official, “I cannot pay it, regardless of the execution of the seizure,”; (c) refused to execute the seizure; (d) reflects and speaks, and (e) reported to the tax official, and (e) reported to the said E, “I will proceed to the police official, because I would go against the current situation,” and “I will see the police official, because I will go to the future, I will do so.” In other words, I am hick the flick door to the flat; and (e) assaulted about 10 documents in arrears to E face, thereby interfering with the legitimate execution of houses, such as the search and seizure of movable property by a tax official.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Reports on internal investigation and reports on investigation;

1. Application of Acts and subordinate statutes on the list of damage photographs and 112 reported cases;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One to five years of imprisonment;

2. The scope of the recommended sentence according to the sentencing guidelines [decision of types] of the obstruction of performance of official duties: [Type 1] No person shall be subject to the obstruction of performance of official duties or coercion of official duties [the scope of recommended areas and recommendations] (the scope of recommended areas and recommendations] basic area, six months to one year and six months.

3. The crimes of this case committed under conditions unfavorable to the decision of sentence are those committed by a tax official who conducts official duties, and the nature of such crimes is poor.

The defendant has been sentenced to a fine twice due to the crime of invalidation of indication in the line of duty, and has been sentenced to a fine twice due to violent crimes.

In favor of the favorable normal defendant, the defendant recognized his criminal liability, and shows the form of reflection.

. Other.

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